Bounced Cheque in Saudi Arabia: Collecting via Enforcement Court

You hold a cheque for SAR 80,000 from a customer who bought goods from you. You presented it to the bank and it was refused. The customer asks for "just one week". The week has become a month. Waiting may be acceptable if your legal deadlines are protected. But a cheque has short deadlines that wait for nobody, and they decide how strong your position is when you go to enforcement.

The short answer: a cheque is an executive instrument (a document enforceable directly at the Enforcement Court). Once the bank writes its refusal statement on the cheque, you file an enforcement request on Najiz (the Ministry of Justice e-services portal) directly, without a lawsuit.

Enforcement today is governed by the Enforcement Law of 1433H. The new Enforcement Law published on 14/11/1447H (1 May 2026) comes into force 180 days after publication, in late October 2026. Cheques remain executive instruments under it.

How long do you have to present a cheque to the bank in Saudi Arabia?

A cheque is payable on sight (Article 102 of the Commercial Papers Law). Article 103 requires a cheque drawn in Saudi Arabia and payable there to be presented within one month, and a cheque drawn abroad and payable in Saudi Arabia within three months. The period starts from the date written on the cheque as its date of issue. Presenting it to a recognised clearing house counts as presenting it for payment.

Missing the one month does not mean the bank will refuse to pay. Article 105 allows the bank to pay even after the presentation period. But the delay affects your rights, as explained below.

What proves that the bank refused to pay?

Article 108 accepts three methods: a protest; a statement from the drawee bank showing the day of presentation; or a statement from a recognised clearing house showing that the cheque was presented on time and not paid. The statement must be dated, written on the cheque itself and signed by whoever issued it. The bank may not refuse to write it if the holder asks.

Article 109 requires the refusal to be proven before the presentation period ends. If the cheque was presented on the last day, the refusal can be proven on the next working day. So do not accept a bank employee saying "it bounced". Ask for the statement on the cheque.

What if you miss the deadline?

Article 115 removes the holder's rights against the drawer, endorsers and other liable parties, except the drawee bank, when the deadlines for presentation or proof of refusal are missed. But it only protects the drawer if he had provided the funds, they stayed with the bank until the presentation period ended, and then they were lost for a reason he was not responsible for. So a drawer who never had funds in his account does not benefit from your delay.

There is a more important period. Article 116 states that the holder's recourse claims against the drawee, the drawer, the endorsers and others are not heard after six months from the end of the presentation period. So a local cheque dated 1 March has a presentation deadline around 1 April, and the six months end in early October. Do not let promises eat up this period.

How do you file an enforcement request for a cheque?

A cheque is a commercial paper, and Article 9 of the Enforcement Law treats commercial papers as executive instruments for a fixed amount that is due. So you file an enforcement request directly, without a lawsuit. First check the cheque's details under Article 91: the word "cheque", an unconditional order to pay a fixed amount, the name of the drawee bank, the place of payment, the date and place of issue, and the drawer's signature. Article 92 deals with a missing place of payment or place of issue.

The request is electronic, through Najiz. The enforcement services guide on the Ministry of Justice website describes choosing "financial enforcement", then the type of instrument, filling in the details of both parties and the request, and attaching documents in colour PDF. Attach a copy of the cheque with the refusal statement on it, and enter the actual balance after any payment.

If the drawer disputes the request and asks for enforcement to be stayed, paragraph 6/7 of the Implementing Regulations requires him to deposit the cheque amount in the Enforcement Court's account, unless the court decides otherwise. A criminal complaint for a bounced cheque is a separate route, and the fine there goes to the state, not to you.

A cheque for SAR 80,000 was refused. Later the beneficiary received SAR 30,000 from the drawer for the same cheque.

The request should be for SAR 50,000, with proof of the payment attached.

If he asked for SAR 80,000, the drawer would submit the SAR 30,000 receipt in a dispute, and the file would be delayed for no reason.

What changes under the new Enforcement Law?

The main points for cheque holders are:

• Cheques are executive instruments under a separate provision, without the electronic registration required for promissory notes (Article 7).
• If the request does not meet the requirements, you have ten working days to complete it, or it is treated as rejected (Article 13).
• An enforcement request is not accepted for an instrument whose due date passed more than ten years ago (Article 11).
• After five working days from notice without payment: notice to credit information companies such as SIMAH, seizure of current and future assets, and a daily fine of up to SAR 5,000, up to a cap set by the regulations (Article 18).
• A travel ban at your request, for up to three years, extendable to a maximum of six. It is lifted in some cases, including when the debtor discloses assets sufficient to pay (Article 19).

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for both sides

If you are the cheque holder:

• Present the cheque within one month of its date. Do not delay because the drawer asks you to.
• Ask for the refusal statement to be written and dated on the cheque.
• Put in your calendar the end of the six months after the presentation deadline.
• File the enforcement request for the actual balance, and keep the original.
• If the drawer offers a settlement, put it in writing and do not hand over the original before payment.

If you are the drawer:

• If your cheque is refused, find out the reason from your bank immediately.
• If the amount is owed, paying or a documented settlement is faster than a dispute that requires depositing the amount.
• Keep receipts for any payment, and ask for them to be reflected in the request.
• Do not ignore the enforcement order. The deadline is short and the measures follow immediately.

If you have a bounced cheque and want to know whether its deadlines are still open, send us a photo of it and the date you presented it on WhatsApp and we can work them out with you.